Planning rules, council tax and enforcement powers – Q&A

Oludeniz Belediye holds a Q&A on planning rules, council tax and enforcement powers.

Planning rules, council tax and enforcement powers were discussed at a recent meeting between the ORA and Oludeniz Belediye.

a) What is the legal requirement for enclosing a terrace on a house? Is this based on the build size for the plot? Does the structure erected have to be temporary? What is the definition of temporary?

It was confirmed that any permanent change to the terrace requires a project with the Belediye. Any project to extend the size of the property must be within the agreed build size and if on a shared complex must have the signatures of the other resident owners. The plastic sheet covering is considered temporary but if UPVC is used it is considered permanent even if it can be removed, due to its solid frame. (At present the Zabita tend to overlook any enclosed UPVC terrace work that has iron or ballast rails in front of the terrace but this may not always be the case.)

b) If a terrace has been enclosed by the owner and it has been reported to the Belediye what is the fine that will be charged? Is this fine based upon the size of the terrace enclosure or a standard charge? If not paid by the owner what if any additional penalty or interest charge is made and how is this calculated? What is the time period for payment and can payments be made in instalments?

The Belediye and laws covering this are serious both in fines and further action. The fine ranges from £400 to £15,000 and the work on the terrace must be taken down within a specified period otherwise the penalty increases to a sentence and imprisonment.

c) What documentation is issued by the Belediye for the permissions to enclose a terrace and for imposing a fine for non-compliance?

See the Zabita near to the Belediye

d) In general if a house or apartment owner was to increase their property size what is the procedure and what is the calculation used to determine the extended size that can be allowed?

See the Planning Department at the Belediye

e) How is the Belediye Property and Land Tax (UK Council Tax equivalent), that is levied annually, calculated?

The rate factors are set by central government. There is a web site that has some more information on rates. In general the charge is based on the location of the property, the land size and the property value on the tapu or the build size.

The land charge is calculated as the land area as specified on the tapu x 0.03 factor x location rate. If there is a property on the land the additional formulae is tapu value x 0.01 = property charge. Note if the land is still Tourist Land TTA on the tapu then the land rate factor is 0.02. These calculations need to be confirmed so they are for illustrative pruposes only. As a guide a 700 sq mtr land with an average sized villa in Ovacik would pay about 150 ytl in Council Tax.

f) Is it true that after 5 years of owning a property that no council tax will be paid?

No, council tax must be paid. This limit relates to capital gains tax on the sale of property.

g) Can the Belediye clarify the role of the Zabita? What do they do and what powers do the have?

It was confirmed that they have the equivalent role of Environmental Services Officers in the UK Local Authorities.

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